Legal Question in Employment Law in California

regular hours

After realizing the fragility of our son's condition(diagnosed w/ a rare genetic disorder), my husband requested if he could take his Saturdays off. His employer requested a letter fr. our son's doctor to justify his request. Our son's doctor & social worker prepared a letter explaining our son's condition & it would be helpful if my husband could take Saturdays off. My husband forwarded the letter to his employer and they obliged. However, my husband noticed that his hours have been cut-off. Instead of completing a minimum of 10 working days per pay period & as a full time employee, he's working a maximum of 9 days only. He didn't notice it earlier bec. the facility where he's working has low census; ergo, every caregiver won't be able to complete his or her hours. It was about 2 months later that he noticed that his hours never changed. He also noticed that all of his Saturdays are considered as a requested day off (unpaid) & were not a part of their 4-days-work-2-days-off schedule. Most caregivers work 12 to 14 days, which was actually my husband's usual working days before submission of the letter. My husband felt that he's being treated unfairly & wanted to know if he has any right at all


Asked on 9/14/05, 4:10 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: regular hours

If the employer gave him 'days off' as he requested, he has no gripe. If he requested a change in schedule without change in hours, then he can complain and try to correct this issue. Contact if interested in getting help.

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Answered on 9/14/05, 4:33 pm
Terry A. Nelson Nelson & Lawless

Re: regular hours

I neglected to explain that he may have a claim of failure to accommodate under the laws. It needs to be explored. Contact me if interested.

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Answered on 9/14/05, 4:34 pm


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